Verdict given against Duminda not lawful, verdict states evidence could not be accepted as 100% correct

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Verdict given against Duminda not lawful"

The President Counsels proved before the Supreme Court today (May 10) that the verdict given by the Colombo High Court against former MP Duminda Silva is not lawful.

When the Appeal made by former MP Duminda Silva was taken up for consideration today, his President Counsels pointed out that the evidence in every incident that was given to make former MP Duminda Silva guilty are contradictory.

They said that the verdict itself states that the evidence given by the witnesses could not be accepted as 100% correct.

The Appeal which has been filed by former MP Duminda Silva, requesting the Court to acquit him was taken up for consideration for a 4th day today.

It was taken up before a bench of five Supreme Court Judges headed by Chief Justice Priyasad Dep.

Making submissions, President Counsel, Anuja Premarathna said that no explanation was made in the verdict about the shortcomings and the contradictions that were found in the false evidence which had been fabricated intending to convict former MP Duminda Silva.

Referring to previous judgments, the President Counsel said that the care should be taken when a person is made guilty based on evidence that has shortcomings and contradictions.

President Counsel Anuja Premarathna said previous judgments are generally adopted in the judicial tradition, but former MP Duminda Silva has been convicted without taking such traditions into consideration.

He repeatedly proved before the Supreme Court that the evidence in every incident that was given to make former MP Duminda Silva guilty are contradictory.

The President Counsel said that the verdict itself states that the evidence given by the witnesses could not be accepted as 100% correct.

President Counsel Anuja Premarathna further said before the bench of five Supreme Court Judges that under these circumstances, penalizing former MP Duminda Silva under any charge is unlawful.

When the Case was taken up for hearing on previous occasions, President Counsel Anuja Premarathna said that the verdict against former MP Duminda Silva has been given neither on the evidence nor on the facts but based on his personality as a popular political icon.

He said that although the verdict is read one hundred thousand times, it is not possible to understand why former MP Duminda Silva has been convicted.

President Counsel Anuja Premarathna proved before the bench of five-member Supreme Court Judges that the verdict that convicted former MP Duminda Silva is not truly genuine.

Meanwhile, President Counsel Anil de Silva stated that the verdict given by the Colombo High Court is full of shortcomings.

He said that the verdict has been given by the Judge solely based on the submissions made by the State Counsels. She has failed to scrutinize whether such evidence was proved beyond reasonable doubt.

The President Counsel pointed out before the Supreme Court that former MP Duminda Silva was accused of using firearms but no evidence was given during the trial to prove such charges.

He pointed out that the shooting at Duminda Silva was instigated by Bharatha Lakshman faction. However such action was completely overlooked by the Judge when she had given her verdict.

President Counsel Anil de Silva further pointed out before the Supreme Court that the High Court has ignored the say by the former MP Duminda Silva faction or the submissions by the Defence and, has conducted the trial based on the fictitious incidents and evidence.

He said that this Case was filed to tarnish the image of former MP Duminda Silva, therefore, his client has been denied a justifiable trial similar to that of any other citizen is entitled to in this Case.

Therefore, President Counsel Anil de Silva requested the Supreme Court to overrule the verdict that contravened the law to sentence former MP Duminda Silva and, acquit him from all the charges.